America and West Indies
August 1735, 1-15

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1953

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'America and West Indies: August 1735, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 42: 1735-1736 (1953), pp. 28-43. URL: http://www.british-history.ac.uk/report.aspx?compid=72827 Date accessed: 24 November 2014.


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August 1735, 1-15

Aug. 1.47. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, four Acts of Bermuda, 1734. (i) for laying a duty upon the whale fishery, for the use of H.E. the Governor in lieu of the benefits formerly accrued to this said Excy. thereby ; (ii) to prevent vexatious suits and limitting the time of returning executions etc. (iii) for renewing the Act to prevent any person from having any net exceeding 3 ½ fathoms, and to prevent hauling fish by any other contrivance. (iv) for raising a sum of money for payment of the publick debts. [C.O. 38, 8. pp. 177–179].
Aug. 1.
Whitehall.
48. Same to Same. Encloses, for his opinion in point of law, 8 acts of the Bahama Islands, 1734, 1735. [C.O. 24, 1. p, 299].
Aug. 1.
Whitehall.
49. Same to the Bishop of London. Has been instructed by the Lords Commissioners to insert an article in the Instructions of the Governor of Barbados, relating to this Commissary, as desired by his Lordship 26th July. [C.O. 29, 16. p. 41].
Aug. 2.
St. Christophers.
50. Governor Mathew to Mr. Popple. Encloses Act of St. Christophers for raising a levy, to be laid before the Board for their recommendation to H.M. Signed, William Mathew. Endorsed, Recd. 15th Oct., Read 12th Dec., 1735. 1 p. [C.O. 152, 22. ff. 32, 35 v.]
Aug. 2.
Barbados.
Pilgrim.
51. President Dottin to the Council of Trade and Plantations. I had the honour of addressing your Lordships by the first vessell that sailed from this Island after we had the misfortune of loosing our worthy Governors Lord Howe, etc. His late Excellency was pleas'd to signify to the Council he had directions from your Lordships to make the best enquiry he cou'd concerning H.M. right to the Island of Sta. Cruz, and desired the members of that Board to get all the information they cou'd and acquaint him thereof, to communicate to your Lordships, and his Excellency likewise used his best endeavours for that purpose, but all he was able to procure was a deposition made before a Justice of Peace here of one Captain William Dowding who is the only person now on the Island that can give the best intelligence concerning it. I have herewith sent your Lordships what he has sworn relating thereto, which was not put under the seal because his Excellency thought it wou'd not be very material, but I hope, as General Mathew was the mover in this affair, he has been able to give your Lordships full satisfaction. The people of this Island were so fully sensible how much they owed to the memory of their late Governor under whom they had enjoy'd many advantages, they therefore were resolved to shew their gratitude in the best manner they were capable, and accordingly their representatives proposed a law for manifesting the people's gratitude and appropriating a sum of the public money for payment of his Lordship's debts and for the use of her Ladyship, the preamble of the act so fully sets forth the reasons for making it, that I shall add no others, not doubting I shall have your Lordships' approbation for assenting thereto, and pursuant to my instructions I have sent your Lordships a copy thereof under the seal of the Island, which I hope your Lordships will report to H.M. for his approbation. The Minutes of Council I find have not been transmitted for some time, occasion'd partly for want of a proper conveyance, and from the deputy Secretary's being mistaken at first, in the time they were last sent, they are now completed to the sixteenth of April last beginning from the time they were last transmitted, and I hope they will come safe to your hands. I intended to have troubled your Lordships with this letter by Capt. Duce who sailed the 12th of May last, but being taken violently ill which continued on me for many months so that my life was often dispair'd of, and not yet being perfectly recover'd, was the reason of their not coming sooner. As your Lordships, I am convinced, will ever afford your assistance in relieving this Island from any hardships it may be under whenever you are made acquainted therewith, I think it my duty to inform your Lordships, that unless some means are speedily taken for the better encouragement of our trade, it will not be possible for the planters, who are greatly in debt, long to subsist, but as many of them have ruin'd their plantations by runing off the Island with their negroes, and land without stock is of little value, so it is much to be feared others will follow their example, and in a few years this Island will be possessed only by a small number and not have strength enough to manure above a quarter of it. Our produce of late years has scarce sold for more than it's cost and if no profit ensues from great labour and industry, there will be a temptation to give it over and let the land lye fallow. What induced me to mention this to your Lordships was some new hardships laid on the planters and shippers of our produce by the Custom House Officers, which in general, for I will not trouble your Lordships with the particulers, prove so destructive to the trade, navigation and industry of the inhabitants of this place, that if they continue to be enforced another year, the planters will be tempted entirely to give up their trade rather than comply with these impositions, if your Lordships are desirous of knowing the particulars I believe the Commissioners of the Customs whose Surveyor General has, I have heard, fairly represented these inconveniences to them or the Agents of this Island will fully inform your Lordships, and if their Honours will not give proper relief, I presume to hope your Lordships will interpose in obtaining it, and establish the method that has been followed in the collection of the duty of four and a half p. cent from the time of making the law which granted it. If a war should happen, your Lordships will be pleas'd to think of applying to H.M. for such assistance as is proper for the safety of this Island now in a very defenceless condition and the inhabitants unable to raise a currency to put it into better order nor to purchase necessary small arms and accoutrements. I hope it will be consider'd by your Lordships as some consequence to it's mother country and therefore deserving notice, and I doubt not your Lordships will be able to prevail on H.M. to grant whatever is fit on such an occasion. It will be a very great pleasure to me to be favour'd with any of your Lordships' Commands, etc. Signed, James Dottin. Endorsed, Recd. 7th Nov., Read 11th Dec. 1735. 2 ½ large pp. Enclosed,
51. i. The [de]position of William Dowding, 15th March 1735. In 1695 deponent made a voyage in a sloop, of which he was master, to the island of St. Thomas. He took notice of some beef brought thither, which had been very lately killed, and was informed that the inhabitants of St. Thomas had been over to the island of Sta. Cruiz, which deponent was then told was uninhabited, to hunt and kill wild beasts, and that such beef was brought from that island thither etc. Signed, Wm. Dowding. Endorsed, Recd. 7th Nov. 1735. ¾ p. [C.O. 28, 24. ff. 130–132 (including abstract), 133–134, 137 v.].
Aug. 2.
Barbados.
52. President Dottin to the Duke of Newcastle. Repeats gist of preceding covering letter. Signed, James Dottin. Endorsed, R. 19th. 2 ¼ pp. [C.O. 28, 45. ff. 333–334 v.].
Aug. 4.
Whitehall.
53. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 26 acts of Virginia, 1734. Titles given. [C.O. 5, 1366. pp. 126–130].
Aug. 6.
Whitehall.
54. Council of Trade and Plantations to Committee of the Privy Council. Report upon petition, Nov. 1, 1734, against Act of New York to repeal the act granting duties for support of Government etc. Having heard the Agent of petitioners and consulted Mr. Fane, observe that clauses of this act provide for duties of negroes imported, and on all European and East India goods imported from the British Islands in the West Indies etc. Continue:—As these clauses are greatly prejudicial to the Trade and Navigation of this Kingdom, and are likewise expressly contrary to H.M. Instructions to the Governor, by which he is directed not to pass any act for imposing duties upon negroes payable by the importer, or whereby the Trade or Navigation of this Kingdom might be any ways affected, unless a clause be inserted in such act for suspending the execution thereof till H.M. pleasure should be known etc., we should for these reasons propose to your Lordships that the act in question might be laid before H.M. for his disallowance. But considering the inconveniencies and confusion that might arise in the Provinces of New York, if this act, which settles funds for the support of H.M. Government there, should be repealed before other provisions are made for the same purposes, we therefore humbly propose, that this act may be suffered to ly by for the present, and that orders may be immediately sent to H.M. Governor of New York to move the Council and assembly of that Province, forthwith to pass a new law for repealing the three foregoing clauses, and for providing and settling other funds for like purposes not liable to the same objections. We take leave to transmit the draught of such an Instruction as we have prepared upon these heads for the Govr. of New York, which if your Lordships should approve it, may be immediately sent to him. But if the Council and Assembly shall refuse to comply with this Instruction, we would then propose that the act in question may be laid before H.M. for his disallowance. Annexed,
54. i. Draft of H.M. Additional Instruction to Governor Crosby. Whereas several merchants and traders of Our City of Bristol have most humbly petitioned the complaining of the Act referred to in preceding, etc., which Act etc. is found to be directly contrary to the 18th article of your Instructions etc. (v. preceding). It is therefore Our express will and pleasure that you move Our Council and Assembly of Our said Province, forthwith to pass a new law for repealing the three above-mentioned clauses, and for providing and settling other funds for the like purposes not liable to the same objections, or at least that an exception be made in favour of all goods whatsoever of the product or manufacture of Great Britain ; and that no duty be laid on any slaves imported payable by the importer, and you are also to signify Our Royal Intention to Our Council and Assembly of Our said Province that if they do not immediately comply with this Our Instruction, we shall repeal the act now complain'd of. [C.O. 5, 1126. pp. 1–7].
Aug. 8.
Whitehall.
55. Council of Trade and Plantations to Governor Fitzwilliam. We have received your letters of the 5th of December 1733, 10th of February 1733/4, 2nd of July, 7th of Septr. 1734, and of 11th of March last, with the Acts and publick papers, you therein mention to be inclosed. We find by your said letters, that besides Mr. Jackson and Mr. Stewart whom you had sworn into the Council of the Bahamas in the room of Mr. Thompson or Mr. Rogers, you have likewise sworn in Mr. Hale in the room of the late Mr. Hurst and Mr. John Thompson in the room of Mr. Jackson, who refuses to act, and Mr. Loney, but you do not tell us, in the room of which Councillor you have sworn in this last, by which means we are at a loss to know of whom your present Council consists : we therefore desire that in your next letter you will send us an extract state of the Council, distinguishing who are upon the Island, and as occasion happens we shall propose to H.M. proper persons to supply vacancies, and shall have a due regard to those you have recommended to us, for this purpose. We have considered what you write concerning the state and condition, of the Islands under your Government, as likewise the wants of warlike stores therein: upon which occasion, we have also had under our consideration the report signed by you and which was to have been sign'd by the Engineer had he lived, concerning the state of the forts and fortifications with the estimate of the charge of compleating the whole, and supplying the same with arms and stores; this report was referred to us by the Lords of the Council and so soon as we shall have throughly considered the same, we shall make our report thereon; but in the meantime we must observe to you that altho' you did very right to send your report to the Lord President; yet you should have remembred that according to your Instructions, you ought to have sent to us likewise a duplicate of the said report, as you are to do of all transactions in your Government; and now that we are upon the subject of your correspondence with us, we desire that in all your future letters, you will constantly mention the date of your preceeding, for without this necessary form, it is impossible for us to know whether we received all the letters you write to us, It will be likewise necessary that you inform us by what ship you sent your preceding letters. But to return to the subject of the Estimates now before us, we must inform you, that altho the whole may be judged absolutely necessary yet it is to be considered whether H.M. should be at so great an expence before the purchase of the Islands is compleated. That matter now lies before the Lords of the Treasury, and we hope will soon be determined. In your letter of the 2nd of July 1734, you mention your having obliged all those who make salt to enter into bonds, to pay upon demand to the Commander in Chief, one tenth part of what they should get, for the use of the publick of these Islands. But we do not observe that you have required the same bonds for those who cut brazilletto, or other wood. And as to such of the people who make any scruple of paying the said tenth part of salt and wood upon account of their supposing that the king has made the purchase; you must acquaint them, that the king purchases, whatever rights and profits the Proprietors had in the Bahama Islands, and that any payments due to the Proprietors, will become due to H.M. upon compleating the said purchase; wherefore we think you did very well to insist upon their entering into bonds for the payment of their tenth, and desire you will take care to take the same from such as scruple to pay, until the purchase is compleated. We have sent the Acts you have passed to one of H.M. Counsel at Law for his opinion in points of Law thereupon; and when we have received the same, we shall take the said Acts more immediately into consideration; and in the meantime we send you copies of those, that were pass'd by Captain Rogers, with your remarks made on them before you left England that you may consider the same ; and if you find any of them, not at present consistent with the good of the Island you may pass a Law to repeal them, always taking care that the Act repealing or altering any of them have the suspending clause inserted therein, according to your 40th Instruction; upon this occasion we can't help expressing our surprize at there appearing no transcripts of them in the Islands: Notwithstanding which we must observe to you that they are Laws in being, and are deposited in our office, under the Great Seal of the Bahamas as such, and therefore they require your particular consideration with regard to the welfare and convenience of the Islands ; for this reason we desire to hear from you upon this head. [C.O. 24, 1. pp. 300–305].
Aug. 8.
Whitehall.
56. Mr. Popple to Wavell Smith. Genl. Mathew having excused himself for not having sent over the transcripts of papers required by his Instructions, alledging that you do not furnish him therewith as you ought to do etc., I am to acquaint you, that my Lords Commissioners do not conceive it proper to admit of any delay, in H.M. business on account of any difficulties you may have to furnish the Govr. with transcripts of such papers as are necessary to be sent hither from you several officers, and therefore their Lordships are determin'd, if any more complaint of the like nature shoul'd be made to them, to lay a state of the affair before H.M., and my Lords have wrote to Genl. Mathew to give them an account from time to time, whether you furnish him with such transcripts as are to be sent hither. [C.O. 153, 16. p, 5].
Aug. 8.
Whitehall.
57. Council of Trade and Plantations to Lt. Governor Pitt. Acknowledge letters of 13th Sept. 1733, 30th May and 10th Oct., 1734, and 26th May and 5th Oct., last (sic rectius 1734). Have sent Acts transmitted therein to Mr. Fane etc. Continue: In your letter of 5th Oct. 1734, you acquaint us, that there were three vacancies in the Council and that by the violent indisposition of three others, you were obliged to recommend Messrs. Darnell, Hunt and Spofferth. You likewise say, that you shall be obliged to call them to the Council, before you can receive their mandamus's. Whereas in your letter of 26th May last, you only remind us of your having recommended those three gentlemen to us, without ever mentioning the names of those who were violently indisposed: By which omission of yours, we are neither informed of the state of the Council nor can we recommend to H.M. those gentlemen you have proposed to us; and therefore we must desire you will be more particular, in your manner of corresponding with us for the future, and let us constantly know the names of such members as die, or depart out of your Government, with or without your licence for that purpose, that we may have an opportunity of considering who are proper persons to supply their vacancies. We likewise desire you will constantly mention the date of your last letter, and by whom sent, that we may know to whom to charge neglects. Your letter of the 5th of Oct. 1734 not being delivered to this Office until the 31st of the last month. [C.O. 38, 8. pp. 179—181].
Aug. 12.58. Jermyn Wright to Mr. Popple. Encloses H.M. sign manual appointing his father Chief Justice, S. Carolina etc. Signed, Jermyn Wright. Endorsed, Recd. Read 14th Aug., 1735. Addressed, ¾ p. Enclosed,
58. i. H.M. Warrant for appointing Robert Wright Chief Justice, S. Carolina, to hold "the said office during Our pleasure, and his residence etc., together with all and singular the rights, profits, priviledges, and emoluments unto the said place belonging, etc., with full power and authority to hold the Supreme Courts of Judicature, at such places and times as the same may and ought to be held within our said Province" etc. St. James's, Nov. 30, 1730. Countersigned, Holles Newcastle. Copy. 1 p. [C.O. 5, 364. ff. 59, 60, 62, 62 v.]
Aug. 12.
Whitehall.
59. Mr. Popple to Mr. Burchett. Complaint having been made during the last war with France, that, "there had been great irregularities in the manner of granting Commissions in the Plantations to private ships of war," Instructions were thereupon sent to all the Governors of the British Plantations in America to govern themselves when "there should be occasion, according to the Commissions and Instructions granted in this Kingdom," copies whereof were then sent to them ; This Instruction has been continued to the Governors ever since, without alteration, but no such copies sent or given to the Govrs.; whereupon Mr. Mathew, Govr. of the Leeward Islands, in a letter to my lords Commissioners, having pray'd that the draught of the Commission and Instructions may be sent him for his guidance therein, in case of a war breaking out, My Lords Commissioners etc. commanded me to desire, you will move the Rt. Honble. the Lords Commissioners of the Admiralty, that draughts of such Commissions and Instructions, as are necessary to be given to private ships of war, when any such are fitted out by the said Govrs., may be sent to this office. [C.O. 324, 12. pp. 124, 125].
Aug. 13.
Whitehall.
60. Council of Trade and Plantations to Governor Mathew. Acknowledge letters from Nov. 5, 1733—May 5, 1735, and enclose copy of Mr. Popple's letter to Wavell Smith (v. Aug. 8). Continue: However we desire that you will from time to time send us an account of his behaviour in this point, as likewise of his Deputies, being determined not to suffer any delay in H.M. affairs, on account of their neglect. We observe that in some of your letters you complain of difficulties which you lye under for want of a quorum, in the several Councils. We have therefore wrote to the Duke of Newcastle etc. to desire he will give us constant accounts when any Councillor shall apply to his Grace for H.M. licence to be absent, and we shall always inform you thereof. We have likewise wrote to Mr. Hodges and Mr. Roberts, the two Montserrat Councillors now in England. Mr. Hodges having inform'd us, that he does not know when, or whether he shall ever return to that Island; we shall immediately recommend another to supply his place in the Council, and when we shall see Mr. Roberts, who is now in the country, we shall come to some determination upon his account. Having some time ago had under our consideration the State and condition of the Leeward Islands with regard to their want of stores, as likewise your letter to us upon this subject; we did lay before the Lords of the Council the list of Ordnance and stores of war desired for the defence of the Leeward Islands presented to us by the Agents of Antigua and St. Xtophers, with our remarks thereupon part of the said stores not being thought so immediately necessary for your service, and we proposed their being sent to Antigua to be distributed amongst the Leeward Islands in proportion to the number of the militia in each of the said Islands respectively. In your letter of ye 19th of March 1733/4 you mention the sale of the Islands of Sta. Cruz by the French to the Danes, and your apprehensions that many of the poorer sort of people wou'd remove from Anguilla, Spanish Town and Tortola and settle under the Danish Government at Sta. Cruz, some from St. Xtophers having already done so. Upon this occasion we have only to observe, that you must use all possible legal means to prevent the same, and as to the sale of this Island to the Danes, that matter together with our Representation thereupon, with what you have wrote upon the subject of your 87th Instruction relating to the Danish settlements on St. Thomas and St. John's, now lies before H.M. and when H.M. shall have determined what is proper to be done upon this subject, you will receive proper instructions from H.M. upon that head. In your same letter you desire our advice upon the 40th Article of your Instructions, vizt. whether, you are to acquaint us with every removal of any militia officer or Justice of the Peace within your Government; we are of opinion that Instruction relates only to the removal of civil officers and not the military. We have sent a copy of that paragraph of your same letter, and of your 78th Instruction relating to the Commissions and Instructions which you are to give to Capts. of ships in time of war, to Mr. Burchet, Secry. to the Lords of the Admiralty that directions may be given for furnishing you with copies accordingly. We very much approve what you write, in your letter of the 18th of April 1734, upon the subject of the Act you pass'd in Montserrat, for the more speedy building a church in the parish of St. Anthony, therefore we recommend it to you, to use your endeavours to get some General Act pass'd in that Island, for putting the several parishes in the Island not already regulated by vestries, under the same regulation, and likewise that care be taken therein, for making some annual provision for the parson. We likewise approve your design, in getting the act pass'd for encouraging the people to build houses within the several fortifications of Brimston Hill, Charles Fort, and Fort Londonderry, which we think will be of great use to them, in case of being invested by an enemy; and when there is any prospect of a war, you may depend upon receiving the most early intelligence we can give you. As to what you say to the other act inclosed in your same letter, for reducing the fee of three shill. a sheet taken by Mr. Smith as Clerk in Chancery, we avoid giving any opinion until Mr. Smith, who we find, is daily expected in this Kingdom, shall arrive, altho' in general, we do approve your design of reducing all fees to the bounds of moderation, according to the 46th Article of your Instructions, yet as this, is a particular case, deemd by Mr. Smith his private property, and founded upon custom, we think it proper to here what he may have to offer against the Act, before we give any opinion upon it. We observe what you write in your same letter, about a dilemma you apprehend you will be in, in case of a war, on account of their being no Jaw subsisting, to oblige the Islands under your Government to furnish the proper quota in case any one of them should be attack'd, except the old law you mention, in which the proportions are ill made, but which law is now out of date. Upon this occasion we cannot but observe that the common safety of these Islands in general is very much concern'd, even in the attack of one of them alone; and as it is not certain which of them would be first attack'd should a war break out, it seems a very proper time to lay before them their common danger, which without doubt, will induce them to come into some law, to proportion what contributions, each Island shall make, in case of any danger. And we desire you will inform us what success you meet with in this particular; and upon receiving your answer, we may then consider what is proper to be done. As to the small vessel which you represent as absolutely necessary not only to transport you from island to island, and to prevent clandestine trade, but also in case of danger; to carry succours from one island to another, my Lord FitzWalter has spoken to St. Charles Wager first Lord Commissr. of the Admiralty and has inform'd us from him, that Capt. Brand, Commander of the ships on your station, has instructions from the Admiralty, that the sloop now at the Leeward Islands shall carry you from island to island, and assist you upon all necessary occasions, as need shall require, and this we hope will answer, what you have thought wanting on this subject. We cannot close our answer to this letter of yours without telling you, that we very much approve your diligence and care in the having obtain'd the act which was pass'd at Antigua in 1733/4 for providing platforms, and cisterns of water, for the use of H.M. ships of war there. Upon considering your letter to us of the 17th of June 1734 in relation to the disorderly inhabitants of Anguilla, Spanish Town and Tortola, we find among the methods which you have proposed for bringing them into better order, that you would issue writs for chusing persons there to form something like an Assembly, and that to set up some form of legislature, you would name a small number out of each island to serve as Council to the Lieut. Govr. as this may be the most effectual method to obtain the good end you propose, we desire you will in your next letter let us have your thoughts more at large thereon, as likewise, whether you propose that the Virgin Islands together may compose one little Government dependent on your commission, or whether you propose, that the three Islands you have named may each of them have their separate legislature, and when you have done this, we shall turn the matter more at large in our thoughts, in order to lay our opinion thereupon before H.M., without whose express leave altho' you may appoint Lieut. Govrs. you cannot establish a form of legislature in those Islands, as it is an indulgence that depends alone upon the prerogative of the Crown. For this reason we must desire you likewise to inform us in your next letter, what establishments there are at present subsisting in the Island of Tortola and by what authority's for by the act, you lately sent us, passed there the 23rd of Novr. 1734 entituled, An Act for punishing rebellious negroes, and such of them as desert their masters services, and for the better encouragement of such of the Christian inhabitants or slaves, as shall apprehend, or take any such rebels as run away, so that they may be brought to justice, it appears to have been pass'd by you, as Capt. General of the Leeward Islands by and with the advice and consent of the Council in Assembly of Tortola, an island in which we did not know there was either Council or Assembly subsisting, the act has a very good intent, and we hope it may be attended with good consequences, and therefore we shall at present take no other notice of it, than to let it lye by, because any act passed by an unwarranted legislature, must in course be declared null, and as such we ought to lay it before H .M. if we were to take any notice of it, otherways than as an agreement made by the inhabitants for their own safety, against their negroes. And with regard to your other proposal of appointing three or four justices to go thro' these islands once or twice a year, as the Judges go the circuits in this Kingdom, it must be observed that these judges give judgment in all cases according to the laws of the kingdom wherein they are appointed ; but as none of the Virgin Islands are governed by, or subject to the laws of any of the Leeward Islands and have no laws of their own, except the last mentioned, this proposal altho' very good in itself, must sleep, until, upon what you shall further lay before us, we shall have sent you H.M.'s immediate directions. In the same letter you acquaint us, that when you communicated to the Assembly of Antigua your 44th Instruction relating to the Court of Chancery, they could not prepare the law thereby recommended, alledging that they were at a loss to know which articles in the Act of Antigua pass'd in 1728, entituled, An Act, to supply the defects of a certain act of this island, entituled an Act, for constituting a Court of Chancery in this Island and for holding Courts of Chancery in the absence of the Commander in Chief of the Leeward Islands from this Island, and for regulating the proceedings in Chancery causes and for settling ye value of things in question on appeals to H.M. when the value shall be doubtful were disapproved by the Board; the intention of this article of your instructions is very plain; and that the Assembly may no longer have any difficulty with relation to the said act, we think it necessary to acquaint you, that we have no objection to such parts thereof as relates simply to the regulation of proceedings in the Court of Chancery, but we can by no means approve that part thereof, which seems to attempt to exclude all courts held in any other country except in Antigua alone, from making decrees or orders in case of suits for lands, tenements, and hereditaments, where the interest or thing sued for shall lye in that Island, and in case of personal demands, where the person of the defendant is resident in the said island, for altho' this clause is not sufficient to exclude the jurisdiction of any of the Courts of this Kingdom, yet it seems particularly calculated against the jurisdiction of the Court of Chancery here, which is an attempt never to be countenanced. We approve your having removed the Clerk of the Assembly of St. Xtophers, for not supplying you with the necessary copies of the journals to be transmitted to this office, and we think you will do well to take the same method when ever any officers will not obey the orders enjoin'd by your Instructions, it being highly improper that the King's affairs should suffer thro' their neglect or obstinacy. We have given due weight to what you have represented concerning the necessity of receiving a Powder Duty in the Islands under your Government, and H.M. has already been pleased to approve of two Instructions which we have laid before him, for allowing you to give your consent to acts for this purpose at Antigua and St. Xtophers, provided no leave is given thereby to commute powder for mony, where powder may be had ; you will therefore do well to be very cautious in not passing any Acts, with this liberty, because they will immediately be repealed, and you will gain H.M. displeasure. We have likewise prepared another Instruction to allow you the same liberty at Montserat under the same restriction, and we shall immediately lay the same before H.M. for his approbation. Your salary Acts having, upon our representations to H.M. been severally approved, we wish you health to enjoy the same, etc. etc. [C.O. 153, 16. pp. 10–24].
Aug. 13.
Whitehall.
61. Council of Trade and Plantations to the Queen, Guardian of the Kingdom etc. Genl. Mathew hath represented to us, that he finds himself under great difficulty to procure gunpowder for the defence of H.M. island of Montserrat, from the restraint he is laid under by his Instructions not to give his consent, to any act which may affect the Trade and Navigation of this Kingdom. Considering therefore the necessity of putting that Colony into a state of defence and their own incapacity to purchase such arms and military stores as are necessary for that purpose; we are humbly of opinion that your Majesty should be graciously pleased to allow Mr. Mathew to pass an act in Montserrat for levying a duty of gunpowder upon the tonnage of shipping trading to that island etc. Enclose draft of Instruction to be immediately transmitted to him. Annexed,
61. i. Draft of H.M. Additional Instruction to Governor Mathew. Application having been made to Us to permit you to give your assent to an act etc., described in preceding, and We being given to understand that it has long been customary to levy a duty of gunpowder upon the tonnage of shipping trading to the Leeward Islands, which has been of great service in furnishing their magazines with powder for their defence in times of danger, and that Our said island of Montserrat thro' the great losses received from the French in the late war, excessive droughts, and other misfortunes attending the inhabitants thereof, are become unable to provide such a quantity of arms and ammunition as is absolutely necessary for their defence in case of a war breaking out in those parts, without some such assistance, It is therefore Our will and pleasure that you do give your assent to an act for that purpose in our said Island, to continue in force for three years, provided care be taken to oblige the proper officers for collecting this duty to receive it in kind only, if gunpowder may possibly be procured, and likewise that he be in that case restrain'd from commuting gunpowder for money; But so far as the quantity of gunpowder shall fall short, the duty may be made up in money, provided also that all such money taken in lieu of gunpowder be applied to the buying gunpowder or other stores of war for the defence of the island, and of the ships trading thither and to no other use or purpose whatsoever. [C.O. 153, 16. pp. 6–9].
[Aug. 13].62. Memorandum [? of Proposals] by Mr. Oglethorpe. A letter from the Duke of Newcastle to Col. Broughton, Lt. Governor of S. Carolina, that the Independant Company should be removed to the Southward and quartered upon the island of St. Simons under my inspection, and that he should recommend it to the Assembly to give their assistance towards fortifying that island to send down two hundred negroes to work for one year upon building a fortress there, and farther, that he should consult with me in matters relating to the safety and defence of Carolina, and following directions therein. That his Grace would write letters to all the other Governors of America, in the same manner as he was so good as to do when I went last thither. That the Deputy Governor of S. Carolina be instructed to recommend to the Assembly to pass an act or acts for contracting with persons of substance and ability for settling the townships and to give to such person or persons, such parcels of lands with the townships and within the six miles round the same and such other encouragements and authority as the said Assembly shall find necessary for the better peopling of the townships, and that the Deputy Governor do sign grants pursuant to such acts or contracts, provided always that the contractor or contractors shall be obliged to settle six hundred white men, women and children in the township for which they contract within six years from the date of the grant, and to pay quit rents within ten years after the date of the grants, on penalty of forfeiting lands proportionable to the number deficient or quit rents not paid etc. Without date, signature or address. Endorsed, R. from Mt. Oglethorpe. 1 ½ pp. [C.O. 5, 654. ff. 16, 16 v., 17 v.].
Aug. 13.
Whitehall.
63. Council of Trade and Plantations to the Commissioners of Customs. It having frequently happened that packets directed to our office, from ye Plantations in America have lain for many months in the Custom House warehouse, to the great delay of H.M. service, we desire you will please to give directions, that whenever any such packets shall for the future be left in your warehouse, our Secretary may be informed thereof. [C.O. 324, 12. p. 125].
Aug. 13.
Whitehall.
64. Council of Trade and Plantations to Committee of Privy Council. We have considered a petition of several merchants of Bristol, complaining of an Act of New Jersey etc. for the better support of that Government. We have consulted Mr. Fane etc. upon this Act, who hath no objection to it in point of law; but having been attended by the Agent for the petitioners as well as by the Agent for the Province of New Jersey, we take leave upon the whole to acquaint your Lordships that in this Act there is a clause, which imposes a duty of forty shillings for each ton of Copper ore exported out of New Jersey to any of the neighbouring Colonies, and not carried directly from thence to some port or place in Great Britain to which the same may be lawfully conveyed. But we are informed it is usual for ships to take in a certain quantity of Copper Ore at New Jersey, with which they go to New York, or some other neighbouring Province in order to compleat their lading, and then sail to Great Britain, in which case the Copper Ore taken in at New Jersey becomes liable to the duty of forty shillings pr. ton, altho' it was never intended to be sold in America. This therefore must be considered as a duty indirectly laid upon the trade of this Kingdom, for which reason we should humbly propose that this Law might be laid before Her Majesty for her disallowance; But considering that it might be of ill consequence if the several provisions thereby made for support of H.M. government should be set aside, before other means are provided for the same purposes; we are therefore of opinion that this Act should be suffered to ly by for the present, and that the Governor of New Jersey may be directed to move the General Assembly of that Province to pass a new Law which may re-enact the several clauses of this Act, with exception to that above-mentioned whereby forty shillings pr. ton is laid on Copper ore exported from New Jersey to the neighbouring Colonies and also to make other provisions for the support of the Government, instead of the said duty on Copper ore. [C.O. 5, 996. pp. 378–380].
Aug. 14.
Whitehall.
65. Order of Committee of Council for Plantation Affairs. Referring following to the Council of Trade and Plantations for their report. Signed, W. Sharpe. Endorsed, Recd. 18th, Read 20th Aug., 1735. 1 p. Enclosed,
65. i. Petition of the Trustees for establishing the Colony of Georgia etc. to the Queen, guardian of the Kingdom etc., 30th July, 1735. The protection of H.M. Province of Georgia by well fortifying the same is of the greatest importance to H.M. other Dominions on the Southern part of America. Petitioners are now preparing to make a new settlement for H.M. service which will stand in great need of defence. Pray for H.M. directions for delivery to petitioners as soon as possible of the following:—24 peices of cannon from 6 to 18 pounds with iron'd carriages and shott and iron for 2 spare carriages; 4 small long field peices with carriages; 8 cohorns and granadoes; 500 small arms and shott cartouch boxes and moulds and flints ; 2 flaggs and 2 pendants ; 50 barrells of powder; spunges, ladles, rammers, crows etc. Signed, Benj. Martyn, Secry. Copy. 1 p. [C.O. 5, 364. ff. 142, 143, 145 v.].
Aug. 14.
Whitehall.
66. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 22 Acts of New York, 1734, (enumerated). [C.O. 5, 1126. pp. 7–11].
Aug. 14.
Whitehall.
67. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations for their report. Signed, W. Sharpe. Endorsed, Recd. 18th, Read 20th Aug., 1735. ¾ p. Enclosed,
67. i. Address of President, Council and Jamaica to the King, praying for a supply of warlike stores. Copy of May 15, encl. i. [C.O. 137, 21. ff. 221, 222, 222 v., 224 v.]
Aug. 14.
Whitehall.
68. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations for their report thereon. Signed, W. Sharpe. Endorsed, Recd. Read 25th June, 1736. 1 p. Enclosed,
68. i. Petition of Samuel Wragg, of London, merchant and one of the Council of S. Carolina under the late Lords Proprietors, and of Joseph Wragg, his brother, one of the present Council, to the Queen, Guardian of the Kingdom, in Council. Samuel Wragg has with great charge to himself procured upwards of 400 persons to transport and settle themselves in Carolina, and has continually traded to that Province as considerably as any other person whatever. Petitioners having the interest of that Colony at heart, and being desirous to be assisting not only to Georgia but also to the settlement Mr. Pury has made, desire that Samuel Wragg may have 12,000 acres of land in Granvill County on the River May, which were formerly granted to the Duke of Beaufort and have since been surrendered to the Crown ; and that Joseph Wragg may have other 12,000 acres in Wipiaw in Craven County, which were also formerly granted to the said Duke, and are now become vacant lands, that they may plant and settle the same and carry on trade with the aforesaid settlements of Georgia and Mr. Pury etc. Signed, Sam. Wragg, Jos. Wragg. Endorsed, Recd, (from Mr. Shelton), Read 25th June, 1736. 2 pp. [C.O. 5, 365. ff. 80, 81, 81 v., 82 v.].
Aug. 14.
Whitehall.
69. Order of Committee of Council. Referring following to the Council of Trade and Plantations for their report thereon. Signed, W. Sharpe. Endorsed, Recd. 18th Aug., Read 3rd Sept., 1735. ¾ p. Enclosed,
69. i. Address of the Council and Assembly of the Bahama Islands to the King. Your most dutifull and loyal subjects etc. most humbly beg leave to approach your most sacred person with hearts unfeignedly thankfull for the benefits we enjoy in common with your Majesty's other British subjects under your most auspicious regign and particularly for your Majesty's tender and paternal regard to us in directing the right of the Proprietors and Lessees of these islands to be purchased, from whence we may further hope from your royal bounty a confirmation of the titles of our lands as an encouragement to our future industry. And among the many other marks of your Majesty's royal favour we cannot esteem it the least that your majesty has been graciously pleased to appoint H. E. Richd. Fitzwilliam to preside over us whose known attachment to the illustrious House of Hanover, zeal to your Majty's. service and the welfare of these islands, justness of administration and experience and knowledge of the constitution and interest of your Majesty's American Dominions cannot but make him a very acceptable Governor to this infant colony. We humbly pray leave to represent etc. that tho' we are and shall at all times be ready to hazard our lives in the defence of your undoubted right to these islands, yet we humbly apprehend that unless your Majty. be graciously pleased to direct that care be speedily taken to put us in a better posture of defence than we are at present [? or] our poor abilitys will permit us to put ourselves and that some means be thought of to augment our numbers which are at least one third diminished by a contagion that has lately been among us it will be impossible to prevent these islands which by their scituation are of so great consequence to your Majesty and the trade of Great Britain from falling into the hands of any enemy that may invade us. May the Divine Providence which has hitherto so conspicuously directed your Majty's. Councils to the glory of your reign and the good of all your Majty's. subjects preserve your Majesty etc. Signed, J. Howell, Pres. Counc, James Scott, Speaker. Copy, 1 ½ pp. [C.O. 23, 3. ff. 133, 134, 134 v., 137 v.]
Aug. 15.
Whitehall.
70. Mr. Popple to Mr. Fane. Encloses for his opinion in point of law 5 Acts of Jamaica, (i) for imposing a duty on all rum etc. retailed; (ii) for mixing several sums for subsisting the soldiers etc.; (iii) to oblige inhabitants to provide themselves with a sufficient number of white people; (iv) for putting the island under martial law for a period not exceeding three months etc.; (v) for enabling Mary Howel, widow, executrix of Samuel Howell, to sell divers messuages. Continues:—You will observe a clause in the Act for raising several sums etc., which lays a penalty on the officers of H.M. Forces there for inlisting recruits amongst the people of the island, which tho' it be done only with a political view, as will appear more fully by the inclosed extract of the journal of the Council in Jamaica yet as it restrains the Prerogative of the Crown, I am to desire you will more particularly consider whether this clause be agreeable to the laws of this kingdom. [C.O. 138, 18. p. 47]
Aug. 15.
Jamaica,
Spanish Town.
71. President Ayscough to the Duke of Newcastle. I have received information from one Benjamin Lee, a trader to New Spain, that a Spanish merchant, came from the Havanna to Trinidad, which is about nine days journey by land, and came there to trade with him on board his vessell, and informed him that an English man of war about 60 guns struck upon the Collorado's, as they were making their leeward passage through the Gulph of Florida to England, and that they were obliged to throw a great many of their guns overboard to lighten the snip, and to get her off the sands and that they afterwards put in to the Havanna in distress ; by the same person the Captain was described to have had a wife and three daughters aboard, and a son a lieutenant; he further reports that it was on or about the fifth day of July last that the ship put in there, and that in four days afterwards, there came an express from the Court of Spain by the way of Cadiz, to the Governour there, to seize all English ships and vessells that should put in there, for that His Britannick Majesty had assisted the King of Portugal with 25 sail of men of war to protect them against the King of Spain, and that the same merchant likewise inform'd him, that he would be detain'd when he was refitted; by this description he must mean Captain O'Brien, Capt. of H.M. Ship the Rupert; I thought it my duty to give your Grace this advice by the first opportunity. The truth of which circumstances, time will discover. Signed, J. Ayscough. Endorsed, R. 19th Nov. 2 pp. [C.O. 137, 55. ff. 203, 204, 204 v.].